I think you're right. This inevitably happens with legislation that is amended over time: sections don't necessarily read together and they're difficult to find. If judges are having a hard time finding various sections that are current or no longer on the books, I'm not sure how everyday, ordinary citizens are to be able to interpret it.
That's why there is a proposal to add a specific hate crimes section to the Criminal Code that will consolidate all of this together. It will make a stronger statement to individuals and as a nation about how we understand hate; we've certainly done that with terrorism. It also provides clear guidance and gives greater opportunity to educate law enforcement as well.
We know that right now there are special prosecutors who deal specifically with hate, because of the complexity of being able to prove motivation, who's included, who's not included. The fact that we don't even have a standardized definition of what a hate crime is Canada is, to me, unconscionable. How are we going to get at the intent of the changes to the Criminal Code when we have police departments all across the country operating with different understandings?